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(영문) 창원지방법원 2018.12.13 2018고단2724
전자금융거래법위반
Text

Defendant shall be punished by a fine of KRW 5,000,000, respectively.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On May 2018, the Defendant could substitute a high interest rate loan at a low interest rate by telephone from a person who was in a name of the lower police officer.

In order to raise credit rating, a physical card is required, and a proposal was submitted that the physical credit card can be used to get a loan by cutting credit rating on several occasions, and it is possible to get a loan by a level of KRW 60 million. In a normal way, the Defendant’s approach media connected to the Defendant’s account can not be used to get a credit loan. Therefore, the Defendant’s account was leased to a person without the name, and the transaction performance was stored in an illegal way, and the Defendant submitted it as the normal transaction performance of the Defendant, and accepted the fraud of receiving a credit loan.

Accordingly, at around 14:00 on May 30, 2018, the Defendant sent a physical card, which is an access medium connected to the new financial investment securities account (D) under the name of the Defendant, to his name in Sung-gu, Sungwon-si, Sungwon-si, Sungwon-si, and one password, through Kwikset service.

As a result, the Defendant promised to receive compensation and lent the access media to another person, and at the same time, used the access media for the above crime.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Application of the details of financial transactions and the provision of financial transaction information to new Acts and subordinate statutes;

1. Article 49 (4) 2, and Article 6 (3) 2 and 6 (3) 3 of the Act on the Electronic Financial Transactions for the crime;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of an alternative fine for punishment;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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